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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Still Fighting

6 replies

KaylsB · 25/09/2023 11:52

Hi, hoping for some support from anyone who has, or is still going through similar.
I have 4 children, 2 to my ex-husband and 2 to my current husband.
My ex-husband didn’t take too kindly to me moving on (despite having been separated for 5 years) and began to use the children against me. This backfired, but then a court process started in which he initially wanted full custody, then reduced to 50/50. His behaviour throughout was awful and resulted in our eldest daughter reducing contact until she turned 16 and now doesn’t see him at all. During the process, if his behaviour was inappropriate, I was able to escalate to CAFCASS or my barrister. However, I am now at a loss of who to speak to now the process is over. Since the court ruled the children live with me and only have contact with dad, he has been inconsistent and vile. He breaks the order at every opportunity and behaves inappropriately. Not only this, but he is self employed (and doing very well) but fiddles his accounts to make sure I receive as little as possible to support our children which currently sits at £64.96 A MONTH for both kids. He has had a few women since our separation, each have been worse than the last. The current one recently touched my daughter in a way she wasn’t comfortable with. I’ve escalated it as far as I can with safeguarding and I’ve also asked Dad to not see her when he has contact with our daughter. Of course, this went down like a lead balloon. Then, last night, I gets a message saying that I’m using the girls in a game and I ought to be ashamed of myself etc. This was because my youngest daughter asked her dad for money for a Halloween costume. She knows that I will always make sure she has clothes on her back and food in her belly, but I haven’t got extra money for splurges. He claims I shouldn’t have had more children if I can’t support the two I already had. For reference, I work full time for the NHS and am currently on Maternity Leave…

Does anyone have any advice on some of the issues I’ve mentioned? Has anyone been through a court process for the other parent then not adhere to the order? Is anyone having to deal with a parent who is self employed and not financially supporting his children? What can I do? I’m losing every battle I fight with this creature and it’s making me ill. Thanks

OP posts:
FSTraining · 25/09/2023 12:10

To be honest, I think I'm only hearing one side of the story here and it's difficult to advise further.

I suspect his main issue with paying child maintenance is that you'll soon have 5 children and he is worried a lot of the money will be spent on children that are not his. That doesn't mean he shouldn't pay CM but in all honesty if he's self employed there probably isn't much you can do about it. The CMS are pretty useless.

Also, what is the situation with housing if you are remarried? What was the original settlement? Did you get most of the assets in divorce and then quickly remarry, or are there any ongoing ties such as a shared mortgage? These sort of issues normally make cordial relations impossible when new partners enter the scene.

Also, what is your new DH like? Does your ex have similar concerns about him to the ones you have about his partner?

KaylsB · 25/09/2023 16:43

Hi,

thanks for your reply. The marriage ended in 2013 due to him making us homeless and compulsively lying. Stupidly, I maintained a ‘relationship’ with him until 2018. At this point, I asked for commitment which he refused to give so, I moved on. I filed for divorce and, within weeks, he was seeing someone else. I only have the four children and am married to an amazing man who, not only supports the 2 we share, but my girls as well. I tell him many times that it’s mine and my ex-husbands job to support them, but he just tells me I’m daft and he sees them as his. By my ex-husbands own admission, he has no issue with my husband and has thanked him on occasion for being good to the girls so no issues there. His previous partner got drunk one evening and told my eldest daughter, then 13, about the court case and then tried to climb into bed with her…the current partner has caused a further breakdown in his and my eldest daughters relationship and is vile towards me and my younger daughter.
In answer to your question re: housing, we sold our marital home whilst still together and had an offer accepted on a larger home. This went pear-shaped when it came to the mortgage application stage as, without my knowledge, he had not been paying the bills. We had a terrible credit rating and so couldn’t lend. We ended up effectively homeless and had to move in with my parents.
I got nothing. We split everything relatively equally and, he openly admitted to CAFCASS during the court process that a lot of his decisions to take is through it all was because he was angry I didn’t go back. My husband and I started seeing each other in 2018 and married this year so it wasn’t a rushed decision.

I’m really just wanting advice from parents who are struggling to manage co-parenting with someone who has such little respect for the other and their child. I feel absolutely powerless. My daughter has said she is starting to feel as though she doesn’t want to keep up contact…

The last thing I want is another court process for her (and me). But surely, he can’t just keep doing what he wants with no repercussions?!

The maintenance payments, I’ll just have to accept. I’ve even told him to pay them direct each month so he KNOWS it’s being used by them, but not sure how he thinks they can travel and eat etc on so little whilst he ruins his partner and her daughter, witnessed by our daughter.

Im thinking it’s a solicitor consultation thing.
Just wanted advice…

OP posts:
FSTraining · 26/09/2023 09:57

thanks for your reply. The marriage ended in 2013 due to him making us homeless and compulsively lying. Stupidly, I maintained a ‘relationship’ with him until 2018. At this point, I asked for commitment which he refused to give so, I moved on. I filed for divorce and, within weeks, he was seeing someone else. I only have the four children and am married to an amazing man who, not only supports the 2 we share, but my girls as well. I tell him many times that it’s mine and my ex-husbands job to support them, but he just tells me I’m daft and he sees them as his. By my ex-husbands own admission, he has no issue with my husband and has thanked him on occasion for being good to the girls so no issues there. His previous partner got drunk one evening and told my eldest daughter, then 13, about the court case and then tried to climb into bed with her…the current partner has caused a further breakdown in his and my eldest daughters relationship and is vile towards me and my younger daughter.
In answer to your question re: housing, we sold our marital home whilst still together and had an offer accepted on a larger home. This went pear-shaped when it came to the mortgage application stage as, without my knowledge, he had not been paying the bills. We had a terrible credit rating and so couldn’t lend. We ended up effectively homeless and had to move in with my parents.
I got nothing. We split everything relatively equally and, he openly admitted to CAFCASS during the court process that a lot of his decisions to take is through it all was because he was angry I didn’t go back. My husband and I started seeing each other in 2018 and married this year so it wasn’t a rushed decision.

I’m really just wanting advice from parents who are struggling to manage co-parenting with someone who has such little respect for the other and their child. I feel absolutely powerless. My daughter has said she is starting to feel as though she doesn’t want to keep up contact…

The last thing I want is another court process for her (and me). But surely, he can’t just keep doing what he wants with no repercussions?!

The maintenance payments, I’ll just have to accept. I’ve even told him to pay them direct each month so he KNOWS it’s being used by them, but not sure how he thinks they can travel and eat etc on so little whilst he ruins his partner and her daughter, witnessed by our daughter.

Im thinking it’s a solicitor consultation thing.
Just wanted advice…

If it's helpful, I've gone through the above and pulled out what's relevant for a solicitor looking at your case today. If the ex-partner who got drunk and tried to get into bed with your daughter was still on the scene it would be relevant but she's out of the picture now. You'll need more than "she's vile" to make the new partner relevant.

The fact you're married is quite an important fact in the above. It means there is very, very little you can do about maintenance as any form of spousal or global maintenance to make up for his creative accounting is no longer an option unfortunately.

The only thing you can really deal with now are the child arrangements for the youngest daughter (your eldest can do what she wants). The younger daughter must be at least 10 by now presumably so it won't be much longer before she can make the choice herself, so you're getting near to the end of having to deal with him.

LucieLemon · 26/09/2023 14:07

I just wanted to add that whether he believes your using the CMS money to fund your other children or spend on yourself, totally irrelevant. Has no impact on his payments.

If you spend CMS on other non child related things his children still need providing for. You would use money from elsewhere in your budget for their provisions. The CMS goes towards the children either directly or indirectly, it's non of his business which.

These type of men will use creative accounting regardless, it's all an excuse to justify ducking out of their responsibilities.

Theunamedcat · 26/09/2023 14:20

Support your youngest breaking away from him im assuming she is now of age to make her own choices?

My ex tried the whole im not paying to support YOUR lifestyle bollocks I sent him my childcare invoice asking him if he wanted to pay this? 🤔 it was only for four days a week at the time (because he had them one day after school) but if he had them that's what he would be paying (because no way would nan and grandad babysit they were working full time too) he shut up for a bit

But I don't spare my exes feelings anymore he is NOT hard done by he caused his own drama and wallows in it

FSTraining · 26/09/2023 14:34

LucieLemon · 26/09/2023 14:07

I just wanted to add that whether he believes your using the CMS money to fund your other children or spend on yourself, totally irrelevant. Has no impact on his payments.

If you spend CMS on other non child related things his children still need providing for. You would use money from elsewhere in your budget for their provisions. The CMS goes towards the children either directly or indirectly, it's non of his business which.

These type of men will use creative accounting regardless, it's all an excuse to justify ducking out of their responsibilities.

Yes, but it is more likely to happen in the scenario outlined and it is very difficult to do anything about.

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